U.S. Department of State Country Report on Human Rights Practices 2000 - Kiribati

United States Department of State, U.S. Department of State Country Report on Human Rights Practices 2000 - Kiribati
, 26 February 2001, available at: http://www.refworld.org/docid/3ae6aa951a.html [accessed 2 August 2015]

Comments

This report is submitted to the Congress by the Department of State in compliance with sections 116(d) and 502(b) of the Foreign Assistance Act of 1961 (FAA), as amended, and section 504 of the Trade Act of 1974, as amended. The law provides that the Secretary of State shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, by February 25 "a full and complete report regarding the status of internationally recognized human rights, within the meaning of subsection (A) in countries that receive assistance under this part, and (B) in all other foreign countries which are members of the United Nations and which are not otherwise the subject of a human rights report under this Act." We have also included reports on several countries that do not fall into the categories established by these statutes and that thus are not covered by the congressional requirement.

Disclaimer

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

Kiribati is a constitutional republic with a popularly elected president and a legislative assembly, 40 members of which are elected by universal adult suffrage, and 2 of whom are members by virtue of their office. The country has a population of 87,000, which occupies 33 small islands widely scattered across 1.365 million square miles of the central Pacific. The population is primarily Micronesian, with a significant component of Polynesian origin. The judiciary is independent.

A police force of about 250 personnel is controlled effectively by civilian authority.

The Government generally respected citizens' human rights; however, in the traditional culture, women occupy a subordinate role and have limited job opportunities.

RESPECT FOR HUMAN RIGHTS

1. Respect for the Integrity of the Person, Including Freedom From:

a. Political and Other Extrajudicial Killing

There were no reports of political or other extrajudicial killings.

b. Disappearance

There were no reports of politically motivated disappearances.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Torture and inhuman or degrading treatment or punishment are forbidden by the Constitution; however, traditional practice permits corporal punishment for criminal acts and other transgressions. On some outer islands, the island councils occasionally order strokes with palm fronds to be administered for public drunkenness and other minor offenses, such as petty thievery.

Prisons meet minimum international standards. There are separate facilities for men and women. Family members and church representatives are allowed access to prisoners.

The question of monitoring prison conditions by local human rights groups has not arisen, and no policy concerning such monitoring has been formulated.

d. Arbitrary Arrest, Detention, or Exile

The Constitution prohibits arbitrary arrest, detention, or exile, and the Government respects these prohibitions.

e. Denial of Fair Public Trial

The judiciary is independent and free of governmental interference.

The judiciary consists of a high court, magistrate courts, a court of appeal, and land courts. Litigants also have the right of appeal to the Privy Council in London.

The right to a fair public trial is provided by law and observed in practice. The Constitution provides that an accused person be informed of the nature of the offense with which he is charged and be provided adequate time and facilities to prepare a defense. The right to confront witnesses, present evidence, and appeal convictions is provided for in law. Procedural safeguards are based on English common law.

The law prohibits such practices, government authorities respect these provisions, and violations are subject to effective legal sanctions.

2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The Constitution provides for freedom of speech and of the press, and the Government generally respects these rights in practice; however, there were some instances in which the Government limited these rights.

In May a former president established the country's first private newspaper, which enabled the opposition to present views divergent from those in the government-owned newspaper. The sole radio station is government owned; it regularly broadcasts Radio Australia programming. An opposition attempt to operate a private radio station was blocked in 1999 when the Government closed the station and fined the owners for attempting to import broadcasting equipment without a license. A foreign journalist remains barred from entering the country after cabinet officials stated in 1999 that the journalist's articles "gave a bad impression of the country." Churches published newsletters and other periodicals. High costs limited the availability of foreign print media and Internet access, but there were no Government imposed limitations.

Academic freedom is respected.

b. Freedom of Peaceful Assembly and Association

The Constitution provides for freedom of assembly and association, including the right to form or belong to associations for the advancement or protection of a group's interests, and the Government does not impose any restrictions on these rights in practice. A permit is required for a public gathering, but these are granted routinely.

c. Freedom of Religion

The Constitution provides for freedom of religion, and the Government respects this right in practice.

d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation

The law provides for these rights, and the Government respects them in practice.

There were no reports of refugees. The Government has not formulated a policy regarding refugees, asylees, or first asylum.

3. Respect for Political Rights: The Right of Citizens to Change Their Government

Citizens choose the Government in periodic free and open elections. The President is elected for a 4-year term and exercises executive authority. No less than three and no more than four presidential candidates are nominated by the elected Legislative Assembly from among its members. Under the Constitution, the President is limited to three terms.

In free and fair elections, voters reelected President Teburoro Tito to a second term in November 1998, with 52.3 percent of the votes. Most of President Tito's cabinet ministers have served in the previous cabinet.

Women are underrepresented in politics and government. Two women hold permanent secretary positions, and there is 1 in the 42-member Parliament.

There are no restrictions on the formation of local nongovernmental organizations that concern themselves with human rights, but none have been formed. There have been no reported allegations of human rights violations by the Government and no known requests for investigations.

5. Discrimination Based on Race, Sex, Religion, Disability, Language, or Social Status

The Constitution prohibits discrimination on the basis of race, creed, national origin, or sex, and the Government generally observed this prohibition in practice. Society is fundamentally egalitarian and has no privileged class.

Women

Violence against women does not appear to be a major problem in this isolated, rural society. Rape is a crime, and the law is enforced when charges are brought to court, although it is suspected that prosecutions are relatively infrequent. Wife battering traditionally is addressed through communal pressure.

The traditional culture, in which men are dominant, has impeded a more active role for women in the economy. However, women slowly are finding work in unskilled and semiskilled occupations. The Government has increased its hiring and promotions of women to some extent; however, women may not work at night except under specified circumstances (generally in service jobs such as hotel clerks). Statistics on the participation of women in the work force and on comparative wages were unavailable. Women have full rights of ownership and inheritance of property. Women have full and equal access to education.

Children

Within its limited financial resources, the Government makes adequate expenditures for child welfare. Primary education is compulsory for children between the ages of 6 and 12 years. The 40 percent of primary school graduates who pass a national examination qualify to attend secondary school; a small fee is charged for matriculation at a secondary school.

If child abuse exists, it is rare and has not become a source of societal concern.

People With Disabilities

There is no evidence or complaint of discrimination in employment, education, or provision of other state services. Accessibility for the disabled has not been mandated.

6. Worker Rights

a. The Right of Association

Freedom of association is provided for in the Constitution. Workers are free to organize unions and choose their representatives. The Government does not control or restrict unions. Over 90 percent of the work force is occupied in fishing or subsistence farming, but the small wage sector has a relatively strong and effective trade union movement. In 1982 the seven registered trade unions merged to form the Kiribati Trade Union Congress (KTUC); which has approximately 2,500 members, mostly from the public service sector. The law provides for the right to strike. However, strikes are rare, the last one took place in 1980.

Unions are free to affiliate internationally. The KTUC is affiliated with the International Confederation of Free Trade Unions.

b. The Right to Organize and Bargain Collectively

Collective bargaining is provided for under the Industrial Relations Code. The Government sets wages in the large public sector. However, in a few statutory bodies and government-owned companies, employees may negotiate wages and other conditions. In the private sector, individual employees also may negotiate wages with employers. In keeping with tradition, negotiations are generally nonconfrontational. There have been no reports of antiunion discrimination. However, mechanisms exist for resolving any such complaints.

There are no export processing zones.

c. Prohibition of Forced or Compulsory Labor

The Constitution prohibits forced or compulsory labor, and it is not practiced. The prohibition does not specifically mention children, but forced and bonded labor by children is not known to occur.

d. Status of Child Labor Practices and Minimum Age for Employment

The law prohibits the employment of children under the age of 14. Primary education is compulsory for children between the ages of 6 and 12. Children through the age of 15 are prohibited from industrial employment and employment aboard ships. Labor officers from the Ministry of Commerce, Industry, and Employment generally enforce these laws effectively, given the rudimentary conditions of the economy and its industrial relations system. Children rarely are employed outside the traditional economy. Although not prohibited specifically, forced and bonded labor by children is not known to occur (see Section 6.c.).

e. Acceptable Conditions of Work

The Government has taken no concrete action to implement longstanding legislation authorizing the establishment of minimum wages. Income tends to be pooled within the extended family, and the standard income is adequate. There is no legislatively prescribed workweek. Workers in the public sector (80 percent of the wage-earning work force) work 361/4 hours per week, with overtime pay for additional hours.

Employment laws provide rudimentary health and safety standards for the workplace. For example, employers must provide an adequate supply of clean water for workers and ensure the existence of sanitary toilet facilities. Employers are liable for the expenses of workers injured on the job. The Government's ability to enforce employment laws is hampered by a lack of qualified personnel. Workers cannot remove themselves from hazardous work sites without risking loss of employment.

f. Trafficking in Persons

The law does not prohibit trafficking in persons; however, there were no reports that persons were trafficked to, from, through, or within the country.